suspended repossession order from 2009

[EllsBells12]

Hi

Just a question in 2008 we fell into arrears and a suspended repossession order was granted on 20.1.2009. We cleared our arrears and have been making the monthly payments. Can we now apply to the court for this order to be removed or is it no longer valid as it is over 6 years old ?

[Conniff]

There is a lot on line about the below case, this might help you.

 

Zinda v Bank of Scotland plc

 

It has generally been accepted that, once the arrears are cleared under a suspended order, fresh proceedings are required. Zinda v Bank of Scotland makes it clear that a possession order, once obtained, pertains to the life of the mortgage and can be invoked at any stage – and more than once if mortgagors persistently miss mortgage payments.

Edited January 15, 2016 by Conniff

[Ell-enn]

You can apply to the court for the suspended order to be lifted but as it has been 6 years since the arrears were cleared the lender would have to start a new claim for possession if you were to get into arrears again.

[dx100uk]

is this linked to:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?407444-Arrears-Cleared-Will-not-cancel-eviction-of-7.11.13-**-Court-withdrew-Warrant-of-Eviction-**